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Did you answer “yes” to one or more of these questions? You are in good company!

As we discussed in 7 Steps to Building Better Client Relationships, lawyers often feel pressured to practice “door law.” The source of the pressure may be economic: I don’t really have a choice because I need the money. Or it can be emotional: Family, friends, or former clients are depending on me.

Either way, saying no can be incredibly difficult, so here is some sage advice that first appeared in In Sight.These tips apply no matter who is doing the asking: clients, friends, family, or neighbors.

Five steps to saying “no”

Be respectful. Listen to the asker and don’t interrupt. Respect the request, then respect your right to decline the request.

Keep it simple. You have the right to say “no.” Elaborate justifications aren’t necessary [and may lead to backsliding, since many of us say “yes” to avoid feeling guilty].

Still need persuading? Time for tough love

You are not the only lawyer who can help your clients.
If money is an issue, there are other lawyers who participate in the OSB modest means program, offer sliding fee services, or take pro bono referrals. If you continually give your time away to nonpaying clients, your practice will decline and you may need to close your doors. If you close your practice, you aren’t available to help anyone.

If the case can’t be won, are you doing a service or a disservice by taking it?
Once a lawyer commits to a case, many clients assume the case CAN BE WON, no matter how you qualify your representation. Not all clients have a legal remedy, for a variety of reasons. This can be a bitter pill to swallow, but the truth is better than false hope. You can always suggest [and should suggest] a second opinion.

A good case and a paying client don’t necessarily mean the case is right for you.
Don’t let someone push you out of your comfort zone. Law is complex. Staying on top of your desired practice areas is hard enough. Straying into unfamiliar areas is stressful, time consuming, expensive (because of the learning curve), and more likely to result in a claim or bar complaint.

You are a lawyer, not a doctor.
Keeping clients who won’t follow your advice, don’t cooperate, and look to place blame anywhere but with themselves, is a pure misery. This is not a situation you can cure, except by firing the client.

One of the most important skills lawyers must hone is the ability to size up clients and cases. If you’ve allowed disagreeable clients or “dog” files to creep into your practice, you know exactly what I mean.

Evaluate potential new clients based on the seven keys to successful client screening:

Goals

Are the client’s goals reasonable under the circumstances? Does a proper legal remedy exist? If you inform the client that the result she is seeking isn’t possible, how does the client respond to this news?

Motives

What drives the client? Does he have a “scorched earth,” take no prisoners, sue at all costs mentality? A desire to “get back” at the other party? This person may be difficult to manage, if not to please, and unwilling to compromise.

Past Legal History

What is the client’s history with the law, particularly the court system? Has the client ever filed a lawsuit? Been sued? Had a criminal case? A simple search using the “party name” field in OJCIN will yield results, but these are good questions to ask the client directly. For one, it may be crucial to know if your client has been involved in a similar or related matter in the past. Prior testimony could be relevant (or discovered). For screening purposes, the goal is to rule out red flags. If you discover the client has a record of bringing six unsuccessful civil suits in the last ten years, this may give you pause.

Willingness and Ability to Pay

The client who lacks the funds to pay you up front is very unlikely to come up with the money later. The client who complains about your fee and pays grudgingly is a fee dispute waiting to happen. ‘Nuff said.

Lawyer Shopping

This is the most critical screening element in my opinion. How many lawyers has the client spoken to and why? Do you get the sense the client is trying to conflict out the other party? (See Motives, above.) Has more than one lawyer declined to represent the client? Did the client fire her former lawyer? Is the client currently represented, but unhappy?

Getting a second opinion is not necessarily a bad thing. However, if there is a long line of lawyers behind you move on to the next prospect.

Nonverbal Cues

Sometimes clients tell us what we want to hear. All the words are right, but the client’s tone is off or he refuses to make eye contact. When nonverbal cues don’t align with the client’s verbal message, something is wrong. Either probe the inconsistency or decline representation.

Attitude

The ideal client should have a neutral or positive attitude toward the law and the profession. A client who has a chip on her shoulder will be difficult to turn around. Your job is to learn more and weigh for yourself whether this person is someone you want to represent. You may discover the client’s feelings are justifiable. Or it could be the client is playing the “blame game.” If so, this is one queue you don’t want to be in.

More to Learn

Learning the seven keys to successful client screening is only part of the battle. If you want to hone your client and case screening skills, but missed the Client and Case Screening CLE last Wednesday, contact me for information on how to download the written materials. In addition to the 7 Keys to Successful Client Screening, this CLE also addressed:

Integrating screening into client intake

Probing clients with 5 must-ask questions

Learning how to adjust when you take a case beyond your areas of expertise